GE> 


GENERAL  LAND  OFFICE 


GOVERNING 


ENTRIES  AND  PROOF 


UNDER  THE 


DESERT -LAND  LAWS 


TOGETHER  WITH 


SUGGESTIONS  TO  PERSONS  DESIRING  TO 
MAKE  ENTRIES  UNDER  SAID  LAWS 


APPROVED  SEPTE  MBER  30,  1910 


California 

,egional 

acility 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 

1910 


STATUTES  AND  REGULATIONS  GOVERNING  ENTRIES  AND  PROOFS  UNDER 
THE  DESERT-LAND  LAWS. 


DEPARTMENT  or  THE  INTERIOR, 

GENERAL  LAND  OFFICE, 
Washington,  D.  C.,  September  30,  1910. 

1.  The  laws,  or  portions  of  laws,  governing  the  making  of  desert- 
land  entries,  assignments  thereof,  and  the  proofs  required,  will  be 
found  printed  in  full  at  the  end  of  this  circular,  and  are  as  follows: 
Act  of  March  3, 1877  (19  Stat,  377) ;  March  3,  1891  (26  Stat.,  1095) : 
August  30, 1891  (26  Stat.,  391)  ;  June  27, 1906  (34  Stat.,  519)  ;  March 
26, 1908  (35  Stat,,  48)  ;  March  28,  1908  (35  Stat,  52) ;  March  4, 1904. 
amending  section  2294,  Revised  Statutes  of  the  United  States   (33 
Stat,  59) ;  June  22,  1910  (36  Stat,  583)  ;  March  3,  1909  (35  Stat., 
844)  ;  June  25,  1910  (36  Stat,  867),  and  the  act  of  June  22,  1910  (36 
Stat,  583). 

STATES  AND  TERRITORIES  IN  WHICH  DESERT-LAND  ENTRIES  MAT  BE  MADE. 

2.  The  act  of  March  3, 1877,  provided  for  the  making  of  desert-land 
entries  in  the  States  and  Territories  of  California,  Idaho,  Montana. 
Nevada,  North  Dakota,  Oregon,  South  Dakota,  Utah.  Washington. 
Wyoming,  Arizona,  and  New  Mexico.     The  act  of  March  3,  1891, 
extended  the  provisions  of  the  desert-land  laws  to  Colorado. 

LANDS  THAT  MAY  BE  ENTERED  AS  DESERT  LAND. 

*•'   "•  •  -». 

3.  Lands  which,  by  reason  of  a  lack  of  rainfall,  or  of  sufficient 
dampness  in  the  soil,  will  not  produce  native  grasses  sufficient  in 
quantity,  if  unfed  by  grazing  animals,  to  make  an  ordinary  crop  of 
hay  in  usual  seasons,  nor  produce  an  agricultural  crop  of  any  kind 
in  amount  to  make  the  cultivation  thereof  reasonably  remunerative, 
and  do  not  contain  sufficient  moisture  to  produce  a  natural  growth  of 
trees  may  be  classed  as  desert  in  character  and,  if  surveyed  and  unap- 
propriated, may  be  entered  under  the  desert-land  law. 

Lands  situated  within  a  notoriously  arid  or  desert  region,  and 
themselves  previously  desert  within  the  meaning  of  the  desert-land 
law,  do  not  necessarily  lose  their  character  as  desert  lands  merely 
because  on  account  of  unusual  rainfall  for  a  few  successive  seasons 
their  productiveness  was  increased  and  larger  crops  were  raised 
thereon;  and,  under  such  circumstances,  a  strong  preponderance  of 
evidence  will  be  required  to  take  them  out  of  the  class  of  desert  lands. 
The  final  proof,  however,  of  one  who  makes  desert  entry  of  such  lands 
will  be  closely  scrutinized  as  to  the  sufficiency  of  his  water  supply  and 
the  adequacy  of  his  ditches  and  laterals.  (37  L.  D.,  522.) 

3 


4  ENTRIES   AND   PROOF   UNDER    THE  DESERT-LAND  LAWS. 

While  lands  which  border  upon  streams,  lakes,  and  other  bodies  of 
water,  or  through  or  upon  which  there  is  any  stream,  body  of  water, 
or  living  spring,  may  not  produce  agricultural  crops  without  irri- 
gation, such  lands  are  not  subject  to  entry  under  the  desert-land  laws 
until  the  clearest  proof  of  their  desert  character  is  furnished. 

WHO  MAY  MAKE  A  DESERT-LAND  ENTRY. 

4.  Any  citizen  of  the  United  States,  21  years  of  age,  or  any  person 
of  that  age  who  has  declared  his  intention  of  becoming  a  citizen  of 
the  United  States,  and  who  can  make  the  affidavit  specified  in  para- 
graphs 8  and  9  of  these  regulations,  can  make  a  desert-land  entry. 
Thus,  a  woman,  whether  married  or  single,  who  possesses  the  neces- 
sary qualifications,  can  make  a  desert-land  entry,  and,  if  married, 
without  taking  into  consideration  any  entries  her  husband  may  have 
made. 

At  the  time  of  making  final  proof,  however,  entrymen  of  alien  birth 
must  have  been  admitted  to  full  citizenship,  which  must  be  shown  by 
a  duly  certified  copy  of  the  certificate  of  naturalization. 

QUANTITY  OF  LAND  THAT  MAY  BE  ENTERED. 

5.  Under  the  act  of  March  3,  1877,  desert-land  entries  to  the  maxi- 
mum of  640  acres  were  allowed,  but  by  the  act  of  March  3,  1891,  the 
area  that  may  be  embraced  in  a  desert  entry  wTas  reduced  to  320  acres 
as  the  maximum.     This  limitation  must,  however,  be  read  in  connec- 
tion with  the  act  of  August  30,  1890  (26  Stats.,  391),  which  limits  to 
320  acres,  in  the  aggregate,  the  amount  of  land  to  which  title  may  be 
acquired  under  all  the  public  land  laws,  except  the  mineral  laws. 
Hence,  a  person  having  initiated  a  claim  under  the  homestead,  tim- 
ber and  stone,  preemption,  or  other  agricultural  land  laws,  or  under 
all  such  laws,  since  August  30,  1890,  say,  to  160  acres  in  the  aggregate, 
and  acquired  title  to  the  land  so  claimed,  or  who  is  claiming  such  an 
area  under  subsisting  entries  at  the  date  of  his  desert-land  applica- 
tion, if  otherwise  qualified,  may  enter  160  acres  of  land  under  the 
desert-iand  laws.    In  other  words,  he  may  make  a  desert-land  entry 
for  such  a  quantity  of  land  as,  taken  together  with  land  acquired  by 
him  under  the  agricultural  land  laws,  since  August  30,  1890,  and 
claimed  by  him  under  such  laws,  does  not  exceed  320  acres  in  the 
aggregate.     It  is  to  be  noted,  also,  that  the  act  of  June  22,  1910 
(Public  Xo.  227),  provides  that  desert-land  entries  made  for  lands 
withdrawn  or  classified  as  coal  lands,  or  valuable  for  coal,  shall  not 
exceed  160  acres  in  area. 

A  person's  right  of  entry  under  the  desert-land  law  is  exhausted 
either  by  making  an  entry  or  by  taking  an  assignment  of  an  entry,  in 
whole  or  in  part,  whether  the  maximum  quantity  of  land,  or  less,  is 
entered  or  received  by  assignment;  except,  however,  that  under  the 
act  of  March  26,  1908,  if  a  person,  prior  to  the  passage  of  that  act, 
has  made  an  entry  and  has  abandoned,  lost,  or  forfeited  the  same,  or 
has  relinquished  without  receiving  a  valuable  consideration  therefor, 
such  person  may  make  a  second  entry.  In  such  cases,  however,  it 
must  be  shown  when  the  former  entry  was  abandoned,  lost,  or  for- 
feited, that  it  was  not  assigned,  in  whole  or  in  part,  canceled  for 
fraud,  or  relinquished  for  a  valuable  consideration,  and  it  must  be  so 


ENTRIES  AND  PROOF  UNDER  THE  DESERT-LAND  LAWS.  5 

described  by  section,  township,  and  range,  or  by  date  and  number,  as 
to  be  readily  identified  on  the  records  of  the  General  Land  Office. 
The  showing  required  must  be  by  affidavit  of  applicant  wherein  the 
facts  upon  which  is  based  his  claim  of  right  to  make  a  second 
desert-land  entry  are  set  forth  fully  and  in  detail.  This  affidavit 
must  be  corroborated,  as  far  as  possible,  by  the  affidavit  of  one  or 
more  persons  having  personal  knowledge  of  the  facts  stated  by  ap- 
plicant. Registers  and  receivers  are  authorized  to  allow  a  second 
desert-land  entry  in  any  case  wherein  it  is  shown  that  applicant  is 
entitled  to  make  such  entry  under  the  provisions  of  said  act  of  March 
26,  1908.  Otherwise  the  application  will  be  noted  on  the  district 
office  records  and  forwarded  to  the  General  Land  Office  with  appro- 
priate recommendation. 

LAND  MUST  BE  IN  COMPACT  FORM. 

6.  Land  entered  under  these  laws  should  be  in  compact  form, 
which  means  that  it  should  be  as  nearly  a  square  form  as  possible. 
Where,  however,  it  is  impracticable  on  account  of  the  previous  ap- 
propriation of  adjoining  lands,  or  on  account  of  the  topography 
of  the  country,  to  take  the  land  in  a  compact  form,  all  the  facts 
regarding  the  situation,  location,  and  character  of  the  land  sought 
to  be  entered,  and  the  surrounding  tracts,  should  be  stated,  in  order 
that  the  General  Land  Office  may  determine  whether,  under  all  the 
circumstances,  the  entry  should  be  allowed  in  the  form  sought.    En- 
trymen  should  make  a  complete  showing  in  this  regard,  and  should 
state  the  facts  and  not  the  conclusions  they  derive  from  the  facts,  as 
it  is  the  province  of  the  Land  Department  of  the  Government  to 
determine  whether  or  not,  from  the  facts  stated,  the  entry  should  be 
allowed. 

HOW  PREFERENCE  RIGHT  MAY  BE  ACQUIRED  ON  TJNSURVEYED  LAND. 

7.  Prior  to  the  act  of  March  28,  1908,  a  desert-land  entry  could  em- 
brace unsurveyed  lands,  but  since  the  date  of  that  act  desert-land  en- 
tries may  not  be  made  of  unsurveyed  lands.     This  act  piovides, 
however,  that  if  a  duly  qualified  person  shall  go  upon  a  tract  of 
unsurveyed  desert  land  and  reclaim,  or  commence  to  reclaim,  the 
same,  he  shall  be  allowed  a  preference  right  of  ninety  days  after  the 
filing  of  the  plat  of  survey  in  the  local  land  office  to  make  entry  of 
the  land.    To  preserve  this  preference  right  the  work  of  reclamation 
must  be  continued  up  to  the  filing  of  the  plat  of  survey,  unless  the 
reclamation  of  the  land  is  completed  before  that  time,  and  in  that 
event  the  claimant  must  continue  to  cultivate  and  occupy  the  land 
until  the  survey  is  completed  and  the  plat  filed.    A  mere  perfunctory 
occupation  of  the  land,  such  as  staking  off  the  claim,  or  posting 
notices  thereof  on  the  land  claimed,  would  not  secure  the  preference 
right  as  against  an  adverse  claimant,  but  occupation  in  entire  good 
faith,  accompanied  by  acts  and  works  looking  to  the  ultimate  rec- 
lamation of  the  land,  are  necessary  and  required. 

HOW  TO  PROCEED  TO  MAKE  A  DESERT-LAND  ENTRY. 

8.  A  person  who  desires  to  make  entry  under  the  desert-land  laws 
must  file  with  the  register  and  receiver  of  the  proper  land  office  a  dec- 
laration, or  application,  under  oath,  showing  that  he  is  a  citizen  of  the 


6  ENTRIES  AND   PROOF    UNDER    THE  DESERT-LAND  LAWS. 

United  States,  or  has  declared  his  intention  to  become  such  citizen; 
that  he  is  21  years  of  age  or  over;  and  that  he  is  also  a  bona  fide 
resident  of  the  State  or  Territory  in  which  the  land  sought  to  be  en- 
tered is  located.  He  must  also  state  that  he  has  not  previously  exer- 
cised the  right  of  entry  under  the  desert-land  laws  by  making  an 
entry  or  by  having  taken  one  by  assignment;  that  he  has  personally 
examined  every  legal  subdivision  of  the  land  sought  to  be  entered; 
that  he  has  not,  since  August  30,  1890,  acquired  title,  under  any  of 
the  agricultural-land  laws,  to  lands  which,  together  with  the  land 
applied  for,  will  exceed,  in  the  aggregate,  320  acres;  and  that  he 
intends  to  reclaim  the  lands  applied  for,  by  conducting  water  thereon, 
within  four  years  from  the  date  of  his  application.  This  declaration 
must  contain  a  description  of  the  land,  by  legal  subdivisions,  section, 
township,  and  range. 

9.  Special  attention  is  called  to  the  terms  of  this  application,  as 
they  require  a  personal  knowledge  by  the  entryman  of  the  lands  in- 
tended to  be  entered.     The  affidavit,  which  is  made  a  part  of  the 
application,  may  not  be  made  by  an  agent  or  upon  information  and 
belief,  and  the  register  and  receiver  must  reject  all  applications  in 
which  it  is  not  made  to  appear  that  the  statements  contained  therein 
are  made  upon  the  applicant's  own  knowledge  and  that  it  was  ob- 
tained from  a  personal  examination  of  the  lands.     The  blank  spaces 
in  the  application  must  be  filled  in  with  a  complete  statement  of  the 
facts,  showing  the  applicant's  acquaintance  with  the  land  and  how  he 
knows  it  to  be  desert  land.     This  declaration  must  be  corroborated 
by  the  affidavits  of  two  reputable  witnesses,  who  also  must  be  person- 
ally acquainted  with  the  land,  and  they  must  state  the  facts  regarding 
the  condition  and  situation  of  the  land  upon  which  they  base  the 
opinion  that  it  is  subject  to  desert  entry. 

The  statements  in  the  blank  form  of  declaration  and  accompanying 
affidavits,  as  to  present  character  of  the  land,  may  be  modified  so  as  to 
show  the  facts,  in  any  case  wherein  application  is  made  for  entry  of 
lands  reclaimed,  or  partially  reclaimed,  by  applicant,  before  survey, 
under  the  provisions  of  the  act  of  March  28,  1908;  as  to  a  former 
eirtryVin  case  application  is  made  for  a  second  entry  under  the  pro- 
visions of  the  act  of  March  26,  1908,  and  as  to  the  character  of  the 
land,  with  respect  to  coal  deposits  in  case  application  is  made,  under 
the  provisions  of  the  act  of  June  22,  1910,  for  lands  withdrawn  or 
classified  as  coal  lands,  or  valuable  for  coal. 

10.  Applicants  and  witnesses  must  in  all  cases  state  their  places  of 
actual  residence,  their  business  or  occupation,  and  their  post-office 
addresses.     It  is  not  sufficient  to  name  only  the  county  or  State  in 
which  a  person  lives,  but  the  town  or  city  must  be  named  also,  and 
where  the  residence   is  in   a  city,  the  street  and  number  must   be 
given.     It  is  especially  important  to  claimants  that  upon  changing 
their  post-office  addresses  they  promptly  notify  the  local  officers  of 
such  change,  for  upon  failure  to  do  so  their  entries  may  be  canceled 
upon  notice  sent  to  the  address  of  record,  but  not  received  by  claim- 
ant.   The  register  and  receiver  will  be  careful  to  note  the  post-office 
address  on  their  records. 

11.  The   application   and   corroborating  affidavits,   and    all    other 
proofs,  affidavits,  and  oaths  of  any  kind  whatsoever,  required  by  law 
to  be  made  by  applicants  and  en  try  men  and  their  corroborating  wit- 


ENTRIES   AND   PROOF    UNDEE   THE  DESERT-LAND  LAWS.  7 

nesses,  must  be  sworn  to  before  the  register  or  receiver  of  the  land 
district  in  which  the  land  is  located,  or  before  a  United  States  com- 
missioner, if  the  lands  are  within  the  boundaries  of  a  State,  or  a 
commissioner  of  a  court  exercising  federal  jurisdiction,  if  in  a  Terri- 
tory, or  before  a  judge  or  clerk  of  a  court  of  record,  in  the  county,  or 
land  district,  in  which  the  land  is  situated.  The  only  conditions 
permitting  the  taking  of  such  evidence  outside  the  proper  land  dis- 
trict is  where  the  county  in  which  the  land  is  situated  lies  partly  in 
two  or  more  land  districts,  in  which  case  such  evidence  may  be  taken 
anywhere  in  the  county.  In  case  the  application  and  affidavits  are 
not  made  before  either  of  the  local  officers,  or  in  the  county  in  which 
the  land  is  located,  they  must  be  made  before  some  one  of  the  officers 
above  named,  in  the  land  district  nearest  to,  or  most  accessible  from, 
the  land,  which  latter  fact  must  be  shown  by  affidavit  of  applicant. 
The  declaration  of  applicant  and  the  affidavits  of  his  two  witnesses 
must,  in  every  instance,  be  made  at  the  same  time  and  place  and 
before  the  same  officer. 

12.  Persons  who  make  desert-land  entries  must  acquire  a  clear  right 
to  the  use  of  sufficient  water  to  irrigate  and  reclaim  the  whole  of  the 
land  entered,  or  as  much  of  it  as  is  susceptible  of  irrigation,  and  of 
keeping  it  permanently  irrigated.     Therefore,  if  a  person  makes  an 
entry  before  he  has  taken  steps  to  acquire  a  water  right,  he  does  so  at 
his  own  risk,  because,  ordinarily,  one  entry  will  exhaust  his  right  and 
he  will  not  be  repaid  the  money  paid  at  the  time  of  making  the  entry. 

13.  At  the  time  of  filing  his  application  with  the  register  and  re- 
ceiver the  applicant  should  also  file  a  map,  showing  the  plan  by  which 
he  proposes  to  conduct  water  upon  the  land  and  the  manner  by  which 
he  intends  to  irrigate  the  same,  and  at  the  same  time  he  must  pay  the 
receiver  the  sum  of  25  cents  per  acre  for  the  land  applied  for.    The 
receiver  will  issue  a  receipt  ror  the  money,  and  the  register  and  re- 
ceiver will  jointly  issue  a  certificate  showing  the  allowance  of  the 
entry.     This  application  will  be  given  its  proper  serial  number  at 
the  time  it  is  filed,  and  at  the  end  of  each  month  an  abstract  of  col- 
lections under  these  laws  will  be  transmitted  to  the  General  Land 
Office. 

ASSIGNMENTS. 

14.  While  by  the  act  of  March  3,  1891,  assignments  of  desert-land 
entries  were  recognized,  the  Land  Department,  largely  for  adminis- 
trative purposes,  held  that  a  desert-land  entry  might  be  assigned  as 
a  whole,  or  in  its  entirety,  but  refused  to  recognize  the  assignment 
of  only  a  portion  of  an  entry.     The  act  of  March  28,  1908,  however, 
provides  for  the  assignment  of  such  entries,  in  whole  or  in  part ;  but 
this  does  not  mean  that  less  than  a  legal  subdivision  may  be  assigned. 
Therefore,  no  assignment,  otherwise  than  by  legal  subdivisions,  will 
be  recognized. 

15.  The  act  of  March  28,  1908,  also  provides  that  no  person  may 
take  a  desert-land  entry  by  assignment,  unless  he  is  qualified  to  enter 
the  tract  so  assigned  to  him.     Therefore,  if  a  person  is  not  a  resident 
citizen  of  the  State  or  Territory  wherein  the  land  involved  is  lo- 
cated, or,  if  he  has  made  a  desert-land  entry  in  his  own  right,  he  can 
not  take  such  an  entry  by  assignment.     The  language  of  the  act  indi- 
cates that  the  taking  of  an  entry  by  assignment  is  equivalent  to  the 


ENTRIES  AND  PROOF   UNDER   THE  DESERT-LAND  LAWS. 

making  of  an  entry,  and  this  being  so,  no  person  is  allowed  to  take 
more  than  one  entry  by  assignment.  The  desert-land  right  is  ex- 
hausted either  by  making  an  entry  or  by  taking  one  by  assignment. 

However,  in  view  of  the  practice  that  obtained  in  the  General  Land 
Office  prior  to  March  28,  1908,  of  recognizing  the  right  of  a  person 
to  make  an  entry,  and  also  to  take  one  or  more  entries  by  assignment, 
the  aggregate  area  of  the  land  embraced  in  all  such  entries  not  ex- 
ceeding 320  acres,  such  entries  and  assignments  so  made  or  taken  will 
not  now  be  disturbed.  But  all  assignments  and  entries  made  subse- 
quent to  the  approval  of  the  act  of  March  28,  1908,  must  be  governed 
by  the  terms  of  that  act,  which  is  held  to  mean  that  the  desert-land 
right  is  exhausted  either  by  making  an  entry  or  by  taking  one  by 
assignment.  Said  act  provides  that  no  assignment  to,  or  for  the 
benefit  of,  any  corporation  or  association  shall  be  authorized  or  rec- 
ognized. 

16.  As  stated  above,  desert-land  entries  may  be  assigned,  in  whole 
or  in  part,  and,  as  evidence  of  the  assignment,  there  should  be  trans- 
mitted to  the  General  Land  Office  the  original  deed  of  assignment,  or 
a  certified  copy  thereof.  Where  the  deed  of  assignment  is  recorded, 
a  certified  copy  may  be  made  by  the  officer  who  has  custody  of  the 
record.  Where  the  original  deed  is  presented  to  an  officer  qualified 
to  take  proof  in  desert-land  cases,  a  copy  certified  by  such  officer  will 
be  accepted.  Attention  is  called  to  the  fact  that  copies  of  deeds  of 
assignment  certified  by  notaries  public  or  justices  of  the  peace,  or, 
indeed,  any  other  officers  than  those  who  are  qualified  to  take  proofs 
and  affidavits  in  desert-land  cases,  will  not  be  accepted. 

An  assignee  must  file,  Avith  his  deed  of  assignment,  an  affidavit 
(Form  4-274a)  showing  his  qualifications  to  take  the  entry  assigned  to 
him.  Pie  must  show  what  entries  have  been  made  by,  or  assigned  to, 
him  under  the  agricultural  laws,  and  he  must  also  shoAv  his  qualifica- 
tions as  a  citizen  of  the  United  States,  that  he  is  21  years  of  age  or 
over,  and  also  that  he  is  a  resident  citizen  of  the  State  or  Territory 
in  Avhich  the  land  assigned  to  him  is  situated.  In  short,  the  assignee 
must  possess  the  qualifications  necessary  to  enter  the  land  proposed  to 
be  assigned  Avere  it  subject  to  entry.  Desert-land  entries  are  initiated 
by  the  payment  of  25  cents  per  acre,  and  no  assignable  right  is 
acquired  by  the  applicant  prior  to  such  payment.  (G  L.  D.,  541;  33 
L.  D.,  152.)  An  assignment  made  on  the  day  of  such  payment,  or 
soon  thereafter,  is  treated  as  suggesting  fraud,  and  such  cases  will  be 
carefully  scrutinized.  The  provision  of  law  authorizing  the  assign- 
ments of  desert  entries,  in  wnole  or  in  part,  furnishes  no  authority  to 
a  claimant  under  said  law  to  make  an  executory  contract  to  convey  the 
land  after  the  issuance  of  patent,  and  to  thereafter  proceed  with  the 
submission  of  final  proof  in  furtherance  of  such  contract.  The  sale 
of  the  land  embraced  in  an  entry  at  any  time  before  final  payment 
is  made  must  be  regarded  as  an  assignment  of  the  entry,  and  in  such 
cases  the  person  buying  the  land  must  show  that  he  possesses  all  the 
qualifications  required  of  an  assignee.  (29  L.  D.,  459.)  The  assignor 
of  a  desert-land  entry  may  execute  the  assignment  papers  wherever 
he  may  be  before  any  officer  authorized  to  take  acknowledgments,  but 
the  assignee  must  execute  the  affidavit  (Form  4-2T4a).  and  all  other 
required  oaths  and  affidavits,  before  some  one  of  the  officers  specified 
and  in  the  manner  set  out  in  paragraph  11  of  this  circular. 


ENTRIES  AND  PROOF   UNDER  THE  DESERT-LAND  LAWS.  9 

No  assignments  of  desert-land  entries  or  parts  of  entries  are  con- 
clusive until  examined  in  the  General  Land  Office  and  found  satis- 
factory and  the  assignment  recognized.  When  recognized,  however, 
the  assignee  takes  the  place  of  the  assignor  as  effectually  as  though 
he  had  made  the  entry,  and  is  subject  to  any  requirement  that  may 
be  made  relative  thereto.  The  assignment  of  a*  desert-land  entry  to 
one  disqualified  to  acquire  title  under  the  desert-land  law,  and  to 
whom,  therefore,  recognition  of  the  assignment  is  refused  by  the 
General  Land  Office,  does  not  of  itself  render  the  entry  fraudulent, 
but  leaves  the  right  thereto  in  the  assignor. 

ANNUAL  PROOF. 

17.  In  order  to  test  the  sincerity  and  good  faith  of  the  claimant 
under  the  desert-land  laws,  and  to  prevent  the  reservation  or  segre- 
gation of  tracts  of  public  land  in  the  interest  of  persons  having  no 
intention  of  reclaiming  the  land,  but  rather,  by  payment  of  the  initial 
sum  of  25  cents  per  acre,  hoping  to  gain  the  use  of  the  land  for  a 
number  of  years,  Congress  in  the  act  of  March  3,  1891,  made  the 
requirement  that  a  map  be  filed  at  the  initiation  of  the  entry,  show- 
ing the  mode  of  contemplated  irrigation  and  the  proposed  source  of 
the  water  supply,  and  that  there  be  expended  yearly  for  three  years 
from  the  date  of  the  entry  not  less  than  $1  for  each  acre  of  the 
tract  entered,  making  a  total  of  not  less  than  $3  per  acre,  in  the 
necessary  irrigation,   reclamation,   and   cultivation  of  the  land,   in 
permanent  improvements  thereon,  and  in  the  purchase  of  water  rights 
for  the  irrigation  thereof,  and  that  at  the  expiration  of  the  third 
year  a  map  or  plan  be  filed  showing  the  character  and  extent  of  the 
improvements  placed  on  the  claim.     The  said  act,  however,  author- 
izes the  submission  of  final  proof  at  an  earlier  date  than  four  years 
from  the  time  the  entry  is  made  in  cases  wherein  reclamation  has  been 
effected  and  expenditures  of  not  less  than  $3  per  acre -have  been 
made.     Proof  of  these  expenditures  must  be  made  before  some  offi- 
cer authorized  to  administer  oaths  in  desert-land  cases.      (See  par. 
11  hereof.)     This  proof,  which  is  known  as  yearly  or  annual  proof, 
must  be  made  by  applicant,  whose  affidavit  must  be  corroborated  by 
affidavits  of  two  reputable  witnesses,  all  of  whom  must  have  personal 
knowledge  that  the  expenditures  were  made  for  the  purpose  stated  in 
the  proof. 

18.  Expenditures  for  the  construction  and  maintenance  of  storage 
reservoirs,  dams,  canals,  ditches,  and  laterals  to  be  used  by  claimant 
for  irrigating  his  land,  for  roads  where  they  are  necessary,  for  erect- 
ing stables,  corrals,  etc.,  for  digging  wells,  where  the  water  therefrom 
is  to  be  used  for  irrigating  the  land,  and  for  leveling  and  bordering 
land  proposed  to  be  irrigated  will  be  accepted.     Expenditures  for 
fencing  all  or  a  portion  of  the  claim  may  be  accepted,  in  case  it  is 
clearly  shown  that  the  fence  is  necessary  for  the  protection  of  a  por- 
tion of  the  land  being  prepared  for  irrigation  and  cultivation  or  for 
the  protection  of  canals,  ditches,  etc.,  thereon.     Expenditures  for 
surveying,   for  the   purpose   of   ascertaining   the  levels   for  canals, 
ditches,  etc.,  and  for  the  first  breaking  or  clearing  of  the  soil  may  be 
accepted. 

Expenditures  for  cultivation  after  the  soil  has  been  first  prepared 
may  not  be  accepted,  because  the,  claimant  is  supposed  to  be  compen- 

61732°— 10 2 


10  ENTRIES   AND   PROOF   UNDER   THE  DESERT-LAND  LAWS. 

sated  for  such  work  by  the  crops  to  be  reaped  as  a  result  of  cultiva- 
tion. Expenditures  for  surveying  the  claim  in  order  to  locate  the 
corners  of  same  may  not  be  accepted.  The  cost  of  tools,  implements, 
wagons,  and  repairs  to  same,  used  in  construction  work  may  not  be 
computed  in  the  cost  of  construction.  Expenditures  for  material  of 
any  kind  will  not  be  allowed  unless  such  material  has  actually  been 
installed  or  employed  in  and  for  the  purpose  for  which  it  was  pur- 
chased. For  instance,  if  credit  is  asked  for  posts  and  wire  for  fences 
or  for  a  pump  or  other  well  machinery,  it  must  be  shown  that  the 
fence  has  been  actually  constructed  or  the  well  machinery  actually 
put  in  place.  Annual  proofs  must  contain  itemized  statements  show- 
ing the  manner  in  which  expenditures  were  made. 

No  expenditure  for  stock  or  interest  in  an  irrigating  company, 
through  Avhich  water  is  to  be  secured  for  irrigating  the  land,  will  be 
accepted  as  satisfactory  annual  expenditure  until  a  special  agent,  or 
other  authorized  officer,  has  submitted  a  report  as  to  the  resources 
and  reliability  of  the  company,  including  its  actual  water  right,  and 
such  report  has  been  favorably  acted  upon  by  the  department.  The 
stock  purchased  must  carry  the  right  to  water,  and  it  must  be  shown 
that  payment  in  cash  has  been  made  at  least  to  the  extent  of  the 
amount  required  in  connection  with  the  annual  proof  submitted,  and 
such  stock  must  be  actually  owned  by  the  claimants  at  the  time  of 
the  submission  of  final  proof.  A  certificate  of  the  Secretary,  or  other 
qualified  officer  of  the  company  involved,  must  be  furnished,  show- 
ing the  extent  of  actual  water  appropriation  by  the  company,  to  what 
extent  water  had  been  previously  disposed  of,  quantity  of  water 
carried  under  the  stock  or  interest  purchased  by  the  desert  claimant, 
and  a  statement  showing  the  previous  ownership  of  the  shares  of  stock 
forming  the  basis  of  proffered  proof,  and  a  description  of  the  land 
in  connection  with  which  such  stock  has  been  previously  issued  or 
used.  Circumstances  in  connection  with  stock  which  has  been  pre- 
viously made  the  basis  of  proof  or  annual  expenditure  will  be  care- 
fully scrutinized  and  inquired  into. 

Registers  and  receivers  are  instructed  to  carefully  examine  all 
annual  proofs  filed  and  are  authorized  to  suspend  same,  with  notice 
to  claimants  to  cure  defects  within  thirty  days,  or  to  reject,  subject 
to  the  usual  right  of  appeal  to  the  Commissioner  of  the  General  Land 
Office.  These  proofs  are  to  be  forwarded  with  the  regular  monthly 
returns. 

At  the  end  of  each  year,  if  the  required  proof  of  actual  expenditures 
has  not  been  made,  the  register  and  receiver  will  send  the  entryman 
notice  and  allow  him  sixty  days  in  which  to  submit  such  proof.  If 
the  proof  is  not  furnished  as  required,  the  fact  that  notice  was  served 
upon  the  claimant  should  be  reported  to  the  General  Land  Office,  with 
evidence  of  service,  whereupon  the  entry  will  be  canceled.  Registers 
and  receivers  should  keep  on  hand  a  sufficient  supply  of  blank  forms 
used  in  notifying  the  entrymen  that  annual  proofs  are  due.  and  they 
should  send  such  notices  whenever  necessary,  without  waiting  for 
instructions  from  the  General  Land  Office. 

19.  Nothing  in  the  statutes  or  regulations  should  be  construed  to 
mean  that  the  entryman  must  wait  until  the  end  of  the  year  to  submit 
his  annual  proof,  because  the  proof  may  be  properly  submitted  as 
soon  as  the  expenditures  have  been  made.  Proof  sufficient  for  the 


ENTRIES  AND  PROOF   UNDER  THE  DESERT-LAND  LAWS.  11 

three  years  may  be  offered  whenever  the  amount  of  $3  an  acre  has 
been  expended  in  reclaiming  and  improving  the  land,  and  there- 
after annual  proof  will  not  be  required. 

FINAL  PROOF. 

20.  The  entryman,  his  assigns,  or.  in  case  of  death,  his  heirs  or 
devisees,  are  allowed  four  years  from  date  of  the  entry  within  which 
to  comply  with  the  requirements  of  the  law  as  to  reclamation  and 
cultivation  of  the  land  and  to  submit  final  proof,  but  final  proof  may 
be  made  and  patent  thereon  issued  as  soon  as  there  has  been  expended 
the  sum  of  $3  per  acre  in  improving,  reclaiming,  and  irrigating  the 
land,  and  one-eighth  of  the  entire  area  entered  has  been  actually  culti- 
vated with  irrigation,  and  when  the  requirements  of  the  desert-land 
laws  as  to  water  rights  and  the  construction  of  the  necessary  reser- 
voirs, ditches,  dams,  etc.,  have  been  fully  complied  with.  The  culti- 
vation and  irrigation  of  the  one-eighth  of  the  entire  area  may  be  had 
in  a  body  on  one  legal  subdivision  or  may  be  distributed  over  sev- 
eral subdivisions.  When  an  entryman  has  reclaimed  the  land  and  is 
ready  to  make  final  proof,  he  should  apply  to  the  register  and  receiver 
for  a  notice  of  intention  to  make  such  proof.  This  notice  must  con- 
tain a  complete  description  of  the  land  and  must  describe  the  entry 
by  giving  the  number  thereof  and  the  name  of  the  entryman.  If  the 
proof  is  made  by  an  assignee,  his  name,  as  well  as  that  of  the  original 
entryman,  should  be  stated.  It  must  also  show  when,  where,  and 
before  whom  the  proof  is  to  be  made.  Four  witnesses  may  be  named 
in  this  notice,  two  of  whom  must  be  used  in  making  the  proof. 
21.  This  notice  must  be  published  once  a  week  for  five  successive 
weeks  in  a  newspaper  of  established  character  and  general  circulation 
published  nearest  the  land  (see  38  L.  D.,  131),  and  it  must  also  be 
posted  in  a  conspicuous  place  in  the  local  land  office  for  the  same 
period  of  time.  The  date  fixed  for  the  taking  of  the  proof  must  be 
at  least  thirty  days  after  the  date  of  first  publication.  Proof  of 
publication  must  be  made  by  the  affidavit  of  the  publisher  of  the 
newspaper  or  by  some  one  authorized  to  act  for  him.  The  register 
will  certify  to  the  posting  of  the  notice  in  the  local  office. 

22.  At  the  time  and  place  mentioned  in  the  notice,  and  before  the 
officer  named  therein,  the  claimant  will  appear  with  two  of  the  wit- 
nesses named  in  the  notice  and  make  proof  of  the  reclamation,  culti- 
vation, and  improvement  of  the  land.  This  proof  may  be  taken  by 
any  one  of  the  officers  named  in  paragraph  11  hereof.  All  claimants, 
however,  are  advised  that,  whenever  possible,  they  should  make  proof 
before  the  register  or  receiver,  because  by  doing  so,  they  may,  in 
many  instances,  avoid  such  delay  as  results  from  the  practice  whereby 
proofs  submitted  before  officers  other  than  the  register  or  receiver  are 
frequently  suspended  for  investigation  by  a  special  agent. 

The  testimony  of  each  claimant  should  be  taken  separate  and 
npart  from  and  not  within  the  hearing  of  either  of  his  witnesses,  and 
the  testimony  of  each  witness  should  be  taken  separate  and  apart  from 
and  not  within  the  hearing  of  either  the  applicant  or  of  any  other 
witness,  and  both  the  applicant  and  each  of  the  witnesses  should  be 
required  to  state,  in  and  as  a  part  of  the  final  proof  testimony  given 
by  them,  that  they  have  given  such  testimony  without  any  actual 
knowledge  of  any  statement  made  in  the  testimony  of  either  of  the 


12  ENTRIES  AND  PROOF   UNDER   THE  DESERT-LAND  LAWS. 

others.  In  every  instance  where,  for  any  reason  whatever,  final  proof 
is  not  submitted  within  the  four  years  prescribed  by  law,  or  within 
the  period  of  an  extension  granted  for  submitting  such  proof,  an 
affidavit  should  be  filed  by  claimant,  with  the  proof,  explaining  the 
cause  of  delay. 

IRRIGATION,  CULTIVATION,  AND  WATER  RIGHTS. 

23.  The  final  proof  must  show  specifically  the  source  and  volume 
of  the  water  supply  and  how  it  was  acquired  and  how  maintained. 
The  number,  length,  and  carrying  capacity  of  all  ditches  to  and  on 
each  of  the  legal  subdivisions  must  also  be  shown.    The  claimant  and 
the  witnesses  must  each  state  in  full  all  that  has  been  done  in  the 
matter  of  reclamation  and  improvement  of  the  land,  and  must  answer 
fully,  of  their  own  personal  knowledge,  all  of  the  questions  contained 
in  the  final-proof  blanks.     They  must  state  plainly  whether  at  any 
time  they  saw  the  land  effectually  irrigated,  and  the  different  dates 
on  which  they  saw  the  land  irrigated  should  be  specifically  stated. 

24.  While  it  is  not  required  that  all  of  the  land  shall  have  been 
actually  irrigated  at  the  time  final  proof  is  made,  it  is  necessary  that 
the  one-eighth  portion  which  is  required  to  be  cultivated  shall  also 
have  been  irrigated  in  a  manner  calculated  to  produce  profitable 
results,  considering  the  character  of  the  land,  the  climate,  and  the 
kind  of  crops  being  grown.     (Alonzo  B.  Cole,  38  L.  D.,  420.)     Fur- 
thermore, the  final  proof  must  clearly  showr  that  all  of  the  perma- 
nent main  and  lateral  ditches  necessary  for  the  irrigation  of  all  the 
irrigable  land  in  the  entry  have  been  constructed  so  that  water  can 
be  actually  applied  to  the  land  as  soon  as  it  is  ready  for  cultivation. 
If  there  are  any  high  points  or  any  portions  of  the  land,  which  for 
any  reason  it  is  not  practicable  to  irrigate,  the  nature,  extent,  and 
situation  of  such  areas  in  each  legal  subdivision  must  be  fully  stated. 
If  less  than  one-eighth  of  a  smallest  legal  subdivision  is  practically 
susceptible  of  irrigation  from  claimant's  source  of  wrater  supply,  such 
subdivision  must  be  relinquished. 

25.  As  a  rule,  actual  tillage  of  one-eighth  of  the  land  must  be 
shown.    It  is  not  sufficient  to  show  only  that  there  has  been  a  marked 
increase  in  the  growth  of  grass,  or  that  grass  sufficient  to  support 
stock  has  been  produced  on  the  land,  as  a  result  of  irrigation.     If, 
however,  on  account  of  some  peculiar  climatic  or  soil  conditions,  no 
crops  except  grass  can  be  successfully  produced,  or  if  actual  tillage 
will  destroy  or  injure  the  productive  quality  of  the  soil,  the  actual 
production  of  a  crop  of  hay,  of  merchantable  value,  will  be  accepted 
as  sufficient  compliance  with  the  requirements  as  to  cultivation   (32 
L.  D..  456).    In  such  cases,  however,  the  facts  must  be  stated,  and  the 
extent  and  value  of  the  crop  of  hay  must  be  shown,  and,  as  before 
stated,  that  same  was  produced  as  a  result  of  actual  irrigation. 

2(>.  The  final  proof  must  also  show  that  the  claimant  has  made  the 
preliminary  filings  and  taken  such  other  steps  as  are  required  by  the 
laws  of  the  State  or  Territory  in  which  the  land  is  located,  for  the 
purpose  of  securing  a  right  to  the  use  of  a  sufficient  supply  of  water 
to  irrigate  successfully  a41  of  the  irrigable  land  embraced  in  his  entry. 
It  is  a  well-settled  principle  of  law  in  all  of  the  States  and  Territories 
in  which  the-  desert-land  acts  are  operative,  that  actual  application  to 


ENTRIES  AND  PROOF   UNDER  THE  DESERT-LAND  LAWS.  13 

a  beneficial  use  of  water  appropriated  from  public  streams  measures 
the  extent  of  the  right  to  the  water,  and  that  failure  to  proceed  with 
reasonable  diligence  to  make  such  application  to  beneficial  use,  within 
a  reasonable  time,  constitutes  an  abandonment  of  the  right.  (Wiel's 
Water  Rights  in  the  Western  States,  sec.  172.)  The  final  proof, 
therefore,  must  show  that  the  claimant  has  exercised  such  diligence 
as  will,  if  continued,  under  the  operation  of  this  rule,  result  in  his 
definitely  securing  a  perfect  right  to  the  use  of  sufficient  water  for 
the  permanent  irrigation  and  reclamation  of  all  of  the  irrigable  land 
in  his  entry.  To  this  end,  the  proof  must  at  least  show  that  water, 
which  is  being  diverted  from  its  natural  course  and  claimed  for  the 
specific  purpose  of  irrigating  the  lands  embraced  in  claimant's  entry, 
under  a  legal  right  acquired  by  virtue  of  his  own  or  his  grantor's 
compliance  with  the  requirements  of  the  state  or  territorial  laws 
governing  the  appropriation  by  individuals  of  the  waters  of  public 
streams  or  other  sources  of  supply,  as  shown  by  the  record  evidence 
of  such  right  which  accompanies  the  proof,  has  actually  been  con- 
ducted through  claimant's  main  ditches  to  and  upon  the  land;  that 
one-eighth  of  the  land  embraced  in  the  entry  has  been  actually  irri- 
gated and  cultivated  and  that  water  has  been  brought  to  such  a  point 
on  the  land  as  to  readily  demonstrate  that  the  entire  irrigable  area 
may  be  irrigated  from  the  system  and  that  he  is  prepared  to  dis- 
tribute the  water  so  claimed  over  all  of  the  irrigable  land  in  each 
smallest  legal  subdivision  in  quantity  sufficient  for  practical  irriga- 
tion as  soon  as  the  land  shall  have  been  cleared  or  otherwise  prepared 
for  cultivation.  The  nature  of  the  work  necessary  to  be  performed  in 
and  for  the  preparation  for  cultivation  of  such  part  of  the  land  as 
lias  not  been  irrigated  should  be  carefully  indicated,  and  it  should  be 
shown  that  the  said  work  of  preparation  is  being  prosecuted  with 
such  diligence  as  will  permit  of  beneficial  application  of  appropriated 
water  within  a  reasonable  time. 

27.  In  those  States  where  entrymen  have  made  applications  for 
water  rights  and  have  been  granted  permits,  but  where  no  final  ad- 
judication of  the  water  right  can  be  secured  from  the  state  author- 
ities, owing  to  delay  in  the  adjudication  of  the  water  courses,  or 
other  delay  for  which  the  entrymen  are  in  no  way  responsible,  proof 
that  the  entrymen  have  done  all  that  is  required  of  them  by  the  laws 
of  the  State,  together  with  proof  of  actual  irrigation  of  one-eighth  of 
the  land  embraced  in  their  entries,  may  be  accepted.     This  modifica- 
tion of  the  rule  that  the  claimant  must  furnish  evidence  of  an  abso- 
lute water  right  will  apply  only  in  those  States  where,  under  the  local 
laws,  it  is  absolutely  impossible  for  the  entryman  to  secure  final  title 
to  his  water  right  within  the  time  allowed  him  to  submit  final  proof 
on  his  entry,  and  in  such  cases  the  best  evidence  obtainable  must  be 
furnished. 

28.  Where  final  proof  is  not  made  within  the  period  of  four  years, 
or  within  the  period  for  which  an  extension  of  time  has  been  granted, 
the  register  and  receiver  should  send  the  claimant  a  notice,  addressed 
to  him  at  his  post-office  address  of  record,  informing  him  that  he  will 
be  allowed  ninety  days  in  which  to  submit  final  proof.     Should  no 
action  be  taken  within  the  time  allowed,  the  register  and  receiver 
will  report  that  fact,  together  with  evidence  of  service,  to  the  General 
Land  Office,  whereupon  the  entry  will  be  canceled. 


14  ENTRIES  AND  PROOF   UNDER   THE  DESERT-LAND  LAWS. 

EXTENSION  OF   TIME   IN   SUBMITTING   PROOF   UNDER   CERTAIN   CONDITIONS. 

29.  Under  the  provisions  of  the  act  of  March  28,  1908,  the  period 
of  four  years  may  be  extended,  in  the  discretion  of  the  Commissioner 
of  the  General  Land  Office,  for  an  additional  period  not  exceeding 
three  years,  if,  by  reason  of  some  unavoidable  delay  in  the  construc- 
tion of  the  irrigating  works  intended  to  convey  water  to  the  land, 
the  entryman  is  unable  to  make  proof  of  reclamation  and  cultivation 
required  within  the  four  years.    This  does  not  mean  that  the  period 
within  which  proof  may  be  made  will  be  extended  as  a  matter  of 
course  for  three  years.     The  statute  authorizes  the  Commissioner  of 
the  General  Land  Office  to  grant  the  extension,  in  his  discretion,  for 
such  a  period  as  he  may  deem  necessary  for  the  completion  of  the 
reclamation,  not  exceeding  three  years,  but  such  applications  for  ex- 
tension will  not  be  granted  unless  it  be  clearly  shown  that  the  failure 
to  reclaim  and  cultivate  the  land  within  the  regular  period  of  four 
years  was  due  to  no  fault  on  the  part  of  the  entryman,  but  to  some 
unavoidable  delay  in  the  construction  of  the  irrigation  works,  for 
which  he  was  not  responsible  and  could  not  have  readily  foreseen. 
Under  no  other  condition  is  an  extension  of  time  to  make  final  proof 
authorized,  except  in  cases  falling  under  section  5  of  the  act  of  June 
27,  1906,  pertaining  to  the  entry  of  land  within  the  limits  of  reclama- 
tion projects. 

An  entryman  who  desires  to  make  application  for  extension  of 
time  under  the  provisions  of  the  act  of  March  28,  1908,  should  file 
with  the  register  and  receiver  an  affidavit  setting  forth  fully  the 
facts,  showing  how  and  why  he  has  been  prevented  from  making 
final  proof  of  reclamation  and  cultivation  within  the  regular  period. 
This  affidavit  should  be  executed  before  one  of  the  officers  named  in 
paragraph  11  of  this  circular  and  must  be  corroborated  by  two  wit- 
nesses who  have  personal  knowledge  of  the  facts,  and  the  register 
and  receiver,  after  carefully  considering  all  of  the  facts,  will  forward 
the  application  to  the  General  Land  Office,  with  appropriate  recom- 
mendation thereon.  Inasmuch  as  registers  and  receivers  reside  in 
their  respective  districts,  they  are  presumed  to  have  more  or  less  per- 
sonal knowledge  of  the  conditions  existing  therein,  and  for  that  rea- 
son much  weight  will  be  given  their  recommendations. 

PAYMENTS     FEES. 

30.  At  the  time  of  making  final  proof  the  claimant  must  pay  to 
the  receiver  the  sum  of  $1  per  acre  for  each  acre  of  land  upon  which 
proof  is  made.     This,  together  with  the  25  cents  per  acre  paid  at  the 
time  of  making  the  original  entry,  will  amount  to  $1.25  per  acre, 
which  is  the  price  to  be  paid  for  all  lands  entered  under  the  desert- 
land  law,  regardless  of  their  location.     The  receiver  wall  issue  a  re- 
ceipt for  the  money  paid,  and,  if  the  proof  is  satisfactory,  the  reg- 
ister will  issue  a  certificate  in  duplicate  and  deliver  one  copy  to  the 
entryman  and  forward  the  other  copy  to  the  General  Land  Office  at 
the  end  of  the  month  during  which  the  certificate  was  issued. 

Tf  the  entryman  is  dead  and  proof  is  made  by  anyone  for  the  heirs, 
no  will  being  suggested  in  the  record,  the  final  certificate  should  issue 
to  the  heirs  generally,  without  naming  them ;  if  by  anyone  for  the 
heirs  or  devisees,  final  certificate  should  issue,  in  like  manner,  to  the 
heirs  or  devisees. 


ENTRIES  AND  PROOF   UNDER   THE  DESERT-LAND  LAWS.  15 

When  final  proof  is  made  on  an  entry  made  prior  to  the  act  of 
March  28,  1908,  for  unsurveyed  land,  it  such  proof  is  satisfactory, 
the  register  and  receiver  will  approve  the  same  and  forward  it  to 
the  General  Land  Office  without  collecting  the  final  payment  of  $1 
an  acre  and  without  issuing  final  certificate.  Fees  for  reducing  the 
final-proof  testimony  to  writing  should  be  collected  and  receipt  issued 
therefor,  if  the  proof  is  taken  before  the  register  and  receiver.  As 
soon  as  the  land  is  surveyed  they  will  call  upon  the  entryman  to  make 
proof,  in  the  form  of  an  affidavit,  duly  corroborated,  showing  the 
legal  subdivisions  covered  by  his  entry.  When  this  has  been  done 
the  register  and  receiver  will,  in  the  absence  of  conflict  or  other  objec- 
tion, correct  their  records  so  as  to  make  them  describe  the  land  by 
legal  subdivisions,  and,  if  final  proof  has  been  made  and  found  satis- 
factory and  no  other  objections  exist,  final  papers  should  be  issued 
upon  payment  of  the  proper  amount. 

31.  No  fees  or  commissions  are  required  of  persons  making  entry 
under  the  desert-land  laws,  except  such  fees  as  are  paid  to  the  officers 
for  taking  the  affidavits  and  proofs.     The  only  payments  made  to  the 
Government  are  the  original  payment  of  25  cents  an  acre  at  the  time 
of  making  the  application  and  the  final  payment  of  $1  an  acre,  to  be 
paid  at  the  time  of  making  final  proof.    Where  final  proofs  are  made 
before  the  register  or  receiver  in  California,  Oregon,  Washington, 
Nevada,  Colorado,  Idaho,  New  Mexico,  Arizona,  Utah,  Wyoming, 
and  Montana  they  will  be  entitled  to  receive,  jointly,  22^  cents  for 
each  100  words  of  testimony  reduced  to  writing;  in  all  other  States 
they  will  be  allowed  15  cents  per  100  words  for  such  service.     The 
United   States   commissioners,   United   States   court   commissioners, 
judges,  and  clerks  are  not  entitled  to  receive  a  greater  sum  than  25 
cents  for  each  oath  administered  by  them,  except  that  they  are  en- 
titled to  receive  $1  for  administering  the  oath  to  each  entryman  and 
each  final-proof  witness  where  final-proof  testimony  has  been  reduced 
to  writing  by  them. 

CONTESTS  AND  RELINQI7ISHMENTS. 

32.  Contests  may  be  initiated  against  a  desert-land  entry  for  illegal 
inception,  abandonment,  or  failure  to  comply  with  the  law  after 
entry.     Successful  contestants  will  be  allowed  a  preference  right  of 
entry  for  thirty  days  after  notice  of  the  cancellation  of  the  contested 
entry,  in  the  same  manner  as  in  homestead  cases,  and  the  register 
will  give  the  same  notice  and  is  entitled  to  the  same  fee  for  notice  as 
in  other  cases.     However,  see,  in  this  connection,  the  act  of  June  25, 
1910  (36  Stat.,  867). 

33.  A  desert-land  entry  may  be  relinquished  at  any  time  by  the 
party  owning  the  same,  and  when  relinquishments  are  filed  in  the 
local  land  office  the  entries  will  be  canceled  by  the  register  and 
receiver  in  the  same  manner  as  in  homestead,  preemption,  and  other 
cases,  under  the  first  section  of  the  act  of  May  14,  1880  (21  Stat., 
140). 

DESERT-LAND  ENTRIES  WITHIN  A  RECLAMATION  PROJECT. 

34.  By  section  5  of  the  act  of  June  27,  1905  (34  Stat.,  519),  it  is 
provided  that  any  desert-land  entryman  who  has  been  or  may  be 
directly  or  indirectly  hindered  or  prevented  from  making  improve- 


16  ENTRIES   AND   PROOF   UNDER   THE  DESERT-LAND  LAWS. 

ments  on  or  from  reclaiming  the  lands  embraced  in  his  entry,  by 
reason  of  the  fact  that  such  lands  have  been  embraced  within  the 
exterior  limits  of  any  withdrawal  under  the  reclamation  act  of  June 
17,  1902,  will  be  excused  during  the  continuance  of  such  hindrance 
from  complying  with  the  provisions  of  the  desert-land  laws. 

35.  This  act  applies  only  to  persons  who  have  been,  directly  or 
indirectly,  delayed  or  prevented,  by  the  creation  of  any  reclamation 
project  or  by  any  withdrawal  of  public  lands  under  the  reclamation 
act,  from  improving  or  reclaiming  the  lands  covered  by  their  entries. 

30.  No  entryman  will  be  excused  under  this  act  from  a  compliance 
with  all  of  the  requirements  of  the  desert-land  law  until  he  has  filed 
in  the  local  land  office  for  the  district  in  which  his  lands  are  situated 
an  affidavit  showing  in  detail  all  of  the  facts  upon  which  he  claims 
the  right  to  be  excused.  This  affidavit  must  show  when  the  hindrance 
began,  the  nature,  character,  and  extent  of  the  same,  and  it  must  be 
corroborated  by  two  disinterested  persons,  who  can  testify  from  their 
own  personal  knowledge. 

37.  The  register  and  receiver  will  at  once  forward  the  application 
to  the  engineer  in  charge  of  the  reclamation  project  under  which  the 
lands  involved  are  located  and  request  a  report  and  recommendation 
thereon.     Upon  the  receipt  of  this  report  the  register  and  receiver 
will   forward  it,  together  with  the  applicant's  affidavit   and   their 
recommendation,  to  the  General  Land  Office,  where  it  will  receive 
appropriate  consideration  and  be  allowed  or  denied,  as  the  circum- 
stances may  justify. 

38.  Inasmuch  as  entrymen  are  allowed   one  year  after  entry  in 
which  to  submit  the  first  annual  proof  of  expenditures  for  the  pur- 
pose of  improving  and  reclaiming  the  land  entered  by  them,  the 
privileges  of  this  act  are  not  necessary  in  connection  with  annual 
proofs  until  the  expiration  of  the  years  in  which  such  proofs  are  due. 
Therefore,  if  at  the  time  that  annual  proof  is  due  it  can  not  be  made, 
on  account  of  hinderance  or  delay  occasioned  by  a  withdrawal  of  the 
land  for  the  purpose  indicated  in  the  act,  the  applicant  will  file  his 
affidavit  explaining  the  delay.     As  a  rule,  however,  annual  proofs 
may  be  made,  notwithstanding  the  withdrawal  of  the  land,  because 
expenditures  for  various  kinds  of  improvements  are  allowed  as  satis- 
factory annual  proofs.     Therefore  an  extension  of  time  for  making 
annual  proof  will  not  be  granted  unless  it  is  made  clearly  to  appear 
that  the  entryman  has  been  delayed  or  prevented  by  the  withdrawal 
from  making  the  required  improvements;  and,  unless  he  has  been 
so  hindered  or  prevented  from  making  the  required  improvements, 
no  application  for  extension  of  time  for  making  final  proof  will  be 
granted  until  after  all  the  yearly  proofs  have  been  made. 

39.  An  entryman  will  not  need  to  invoke  the  privileges  of  this 
act  in  connection  with  final  proof  until  such  final  proof  is  due.  and 
if  at  that  time  he  is  unable  to  make  the  final  proof  of  reclamation 
and  cultivation  as  required  by  law,  and  such  inability  is  due,  directly 
or  indirectly,  to  the  withdrawal  of  the  land  on  account  of  a  reclama- 
tion project,  the  affidavit  explaining  the  hindrance  and  delay  should 
be  filed  in  order  that  the  entryman  may  be  excused  for  such  failure. 

40.  When  the  time  for  submitting  final  proof  has  arrived  and  the 
entryman  is  unable,  by  reason  of  the  withdrawal  of  the  land,  to  make 
such  proof,  upon  proper  showing,  as  indicated  herein,  he  will  be 


ENTRIES   AND   PROOF    UNDER   THE   DESERT-LAND   LAWS.  17 

excused,  and  the  time  during  which  it  is  shown  that  lie  has  been 
hindered  or  delayed  on  account  of  the  withdrawal  of  the  land  will 
not  be  computed  in  determining  the  time  within  which  final  proof 
must  be  made. 

41.  If  after  investigation  the  irrigation  project  has  been  or  may 
be  abandoned  by  the  Government,  the  time  for  compliance  with  the 
law  by  the  entryman  will  begin  to  run  from  the  date  of  notice  of  such 
abandonment  of  the  project  and  of  the  restoration  to  the  public 
domain  of  the  lands  which  had  been  withdrawn  in  connection  with 
the  project.    If,  however,  the  reclamation  project  is  carried  to  com- 
pletion by  the  Government  and  a  water  supply  has  been  made  avail- 
able for  the  land  embraced  in  such  desert-land  entry,  the  entryman 
must  comply  with  all  the  provisions  of  the  act  of  June  17,  1902,  and 
must  relinquish  all  the  land  embraced  in  his  entry  in  excess  of  160 
acres,  and  upon  making  final  proof  and  complying  with  the  terms 
of  payment  prescribed  in  said  act  of  June  17, 1902,  he  shall  be  entitled 
to  patent. 

42.  Special  attention  is  called  to  the  fact  that  nothing  contained  in 
the  act  of  June  27,  1906,  shall  be  construed  to  mean  that  a  desert-land 
entryman  who  owns  a  water  right  and  reclaims  the  land  embraced 
in  his  entry  must  accept  the  conditions  of  the  reclamation  act  of 
June  17,  1902,  but  he  may  proceed  independently  of  the  Government's 
plan  of  irrigation  and  acquire  title  to  the  land  embraced  in  his  desert- 
land  entry  by  means  of  his  own  system  of  irrigation. 

43.  Desert-land  entrymen  within  exterior  boundaries  of  a  reclama- 
tion project  who  expect  to  secure  water  from  the  Government  must 
relinquish  all  of  the  lands  embraced  in  their  entries  in  excess  of  160 
acres  whenever  they  are  required  to  do  so  through  the  local  land 
office  and  must  reclaim  one-half  of  the  irrigable  area  covered  by 
their  water  right  in  the  same  manner  as  private  owners  of  land  irri- 
gated under  a  reclamation  project. 

44.  All  previous  rulings  and  instructions  not  in  harmony  herewith 
are  hereby  vacated. 

FRED  DENNETT,  Commissioner. 
Approved. 

FRANK  PIERCE, 

Actiny  Secretary. 


STATUTES. 

An  Act  to  Provide  for  the  Sale  of  Desert  Lands  in  Certain  States  and  Territories. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  it  shall  be 
lawful  for  any  citizen  of  the  United  States,  or  any  person  of  requisite 
age  "'who  may  be  entitled  to  become  a  citizen,  and  who  has  filed  his 
declaration  to  become  such  "  and  upon  payment  of  twenty-five  cents 
per  acre — to  file  a  declaration  under  oath  with  the  register  and  the 
receiver  of  the  land  district  in  which  any  desert  land  is  situated,  that 
he  intends  to  reclaim  a  tract  of  desert  land  not  exceeding  one  section,0 
by  conducting  water  upon  the  same,  within  the  period  of  three  years 6 
thereafter:  Prodded,  howerer,  That  the  right  to  the  use  of  water 
by  the  person  so  conducting  the  same,  on  or  to  any  tract  of  desert  land 
of  six  hundred  and  forty  acres  shall  depend  upon  bona  fide  prior  ap- 
propriation ;  and  such  right  shall  not  exceed  the  amount  of  water 
actually  appropriated,  and  necessarily  used  for  the  purpose  of  irriga- 
tion and  reclamation;  and  all  surplus  water  over  and  above  such 
actual  appropriation  and  use,  together  with  the  water  of  all  lakes, 
rivers,  and  other  sources  of  water  supply  upon  the  public  lands,  and 
not  navigable,  shall  remain  and  be  held  free  for  the  appropriation 
and  use  of  the  public  for  irrigation,  mining,  and  manufacturing  pur- 
poses subject  to  existing  rights.  Said  declaration  shall  describe  par- 
ticularly said  section  of  land  if  surveyed,  and,  if  unsurveyed,  shall 
describe  the  same  as  nearly  as  possible  without  a  survey.  At  any 
time  within  the  period  of  three  years  b  after  filing  said  declaration, 
upon  making  satisfactory  proof  to  the  register  and  receiver  of  the 
reclamation  of  said  tract  of  land  in  the  manner  aforesaid,  and  upon 
the  payment  to  the  receiver  of  the  additional  sum  of  one  dollar  per 
acre  for  a  tract  of  land  not  exceeding  six  hundred  and  forty  acres  to 
any  one  person,  a  patent  for  the  same  shall  be  issued  to  him:  Pro- 
dded, That  no  person  shall  be  permitted  to  enter  more  than  one  tract 
of  land  and  not  to  exceed  six  hundred  and  forty  acres,  which  shall  be 
in  compact  form. 

SEC.  2.  That  all  lands  exclusive  of  timber  lands  and  mineral  lands 
.which  will  not,  without  irrigation,  produce  some  agricultural  crop, 
shall  be  deemed  desert  lands,  within  the  meaning  of  this  act,  which 
fact  shall  be  ascertained  by  proof  of  two  or  more  credible  witnesses 
under  oath,  whose  affidavits  shall  be  filed  in  the  land  ofnce  in  which 
said  tract  of  land  may  be  situated. 

SEC.  ?).  That  this  act  shall  only  apply  to  and  take  effect  in  the 
States  of  California.  Oregon,  and  Nevada,  and  the  Territories  of 
Washington,  Idaho,  Montana,  rtah.  Wyoming.  Arizona,  Xew  Mex- 
ico, and  Dakota,  and  the  determination  of  what  may  be  considered 
desert  land  shall  be  subject  to  the  decision  and  regulation  of  the 
Commissioner  of  the  General  Land  Office. 

Approved.  March  3.  1877  (10  Stat..  377). 


"  Limited  to  :5l>0  acres  by  act  of  March  :5.  l,st)l   (20  Stat.,  10!»r>). 
''Time  extended  to  four  years  l>y  act  of  March  3.  1891,  supra. 


18 


ENTRIES   AND   PROOF    UNDER   THE   DESERT-LAND  LAWS.  19 

Three  Hundred  and  Twenty  Acre  Limitation. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled, 

******* 

No  person  who  shall,  after  the  passage  of  this  act,  enter  upon  any  of 
the  public  lands  with  a  view  to  occupation,  entry,  or  settlement  under 
any  of  the  land  laws  shall  be  permitted  to  acquire  title  to  more  than 
three  hundred  and  twenty  acres  in  the  aggregate,  under  all  of  said 
laws,  but  this  limitation  shall  not  operate  to  curtail  the  right  of  any 
person  who  has  heretofore  made  entry  or  settlement  on  the  public 
lands,  or  whose  occupation,  entry,  or  settlement  is  validated  by  this 
act:  Provided,  That  in  all  patents  for  lands  hereafter  taken  up  under 
any  of  the  land  laws  of  the  United  States  or  on  entries  or  claims  vali- 
dated by  this  act,  west  of  the  one  hundredth  meridian,  it  shall  be 
expressed  that  there  is  reserved  from  the  lands  in  said  patent  de- 
scribed a  right  of  way  thereon  for  ditches  or  canals  constructed  by  the 
authority  of  the  United  States. 

Approved.  August  30.  1890.     (26  Stat.,  391.) 


An  Act  to  Repeal  Timber-Culture  Laws,  and  for  Other  Purposes. 

******* 

SEC.  2.  That  an  act  to  provide  for  the  sale  of  desert  lands  in  certain 
States  and  Territories,  approved  March  third,  eighteen  hundred  and 
seventy-seven,  is  hereby  amended  by  adding  thereto  the  following 
sections : 

SEC.  4.  That  at  the  time  of  filing  the  declaration  hereinbefore  required  the 
party  shall  also  file  a  map  of  said  land  which  shall  exhibit  a  plan  showing  the 
mode  of  contemplated  irrigation,  and  which  plan  shall  be  sufficient  to  thor- 
oughly irrigate  and  reclaim  said  land,  and  prepare  it  to  raise  ordinary  agricul- 
tural crops,  and  shall  also  show  the  source  of  the  water  to  be  used  for  irriga- 
tion and  reclamation.  Persons  entering  or  proposing  to  enter  separate  sections 
or  fractional  parts  of  sections  of  desert  lands  may  associate  together  in  the 
construction  of  canals  and  ditches  for  irrigating  and  reclaiming  all  of  said 
tracts,  and  may  file  a  joint  map  or  maps  showing  their  plan  of  internal  improve- 
ments. 

SEC.  5.  That  no  land  shall  be  patented  to  any  person  under  this  act  unless 
he  or  his  assignors  shall  have  expended  in  the  necessary  irrigation,  reclamation, 
and  cultivation  thereof,  by  means  of  main  canals  and  branch  ditches,  and  in 
permanent  improvements  upon  the  land,  and  in  the  purchase  of  water  rights 
for  the  irrigation  of  the  same,  at  least  three  dollars  per  acre  of  whole  tract  re- 
claimed and  patented  in  the  manner  following:  Within  one  year  after  making 
entry  for  such  tract  of  desert  land  as  aforesaid,  the  party  so  entering  shall 
expend  not  less  than  one  dollar  per  acre  for  the  purposes  aforesaid;  and  he 
shall  in  like  manner  expend  the  sum  of  one  dollar  per  acre  during  the  second 
and  also  during  the  third  year  thei-eafter,  until  the  full  sum  of  three  dollars  per 
acre  is  so  expended.  Said  party  shall  file  during  each  year  with  the  register, 
proof,  by  the  affidavits  of  two  or  more  credible  witnesses,  that  the  full  sum  of 
one  dollar  per  acre  has  been  expended  in  such  necessary  improvements  during 
such  year,  and  the  manner  in  which  expended,  and  at  the  expiration  of  the  third 
year  a  map  or  plan  showing  the  character  and  extent  of  such  improvements, 
if  any  party  who  has  made  such  application  shall  fail  during  any  year  to  file 
the  testimony  aforesaid,  the  lands  shall  revert  to  the  United  States,  and  the 
twenty-five  cents  advanced  payment  shall  be  forfeited  to  the  United  States,  and 
the  entry  shall  be  canceled.  Nothing  herein  contained  shall  prevent  a  claimant 
from  making  his  final  entry  and  receiving  his  patent  at  an  earlier  date  than 
hereinbefore  prescribed,  provided  that  he  then  makes  the  required  proof  of 
reclamation  to  the  aggregate  extent  of  three  dollars  per  acre:  I'rorided,  That 
proof  be  further  required  of  the  cultivation  of  one-eighth  of  the  land. 


20  ENTRIES  AND   PROOF   UNDER   THE  DESERT-LAND  LAWS. 

SEC.  6.  That  this  act  shall  not  affect  any  valid  rights  heretofore  accrued 
under  said  act  of  March  third,  eighteen  hundred  and  seventy-seven,  but  all 
bona  fide  claims  heretofore  lawfully  initiated  may  be  perfected,  upon  due  com- 
pliance with  the  provisions  of  said  act,  in  the  same  manner,  upon  the  same 
terms  and  conditions,  and  subject  to  the  same  limitations,  forfeitures,  and  con- 
tests as  if  this  act  had  not  been  passed;  or  said  claims,  at  the  option  of  the 
claimant,  may  be  perfected  and  patented  under  the  provisions  of  said  act,  as 
amended  by  this  act,  so  far  as  applicable;  and  all  acts  and  parts  of  acts  in  con- 
flict with  this  act  are  hereby  repealed. 

SEC.  7.  That  at  any  time  after  filing  the  declaration,  and  within  the  period  of 
four  years  thereafter,  upon  making  satisfactory  proof  to  the  register  and  the 
receiver  of  the  reclamation  and  cultivation  of  said  land  to  the  extent  and  cost 
and  in  the  manner  aforesaid,  and  substantially  in  accordance  with  the  plans 
herein  provided  for,  and  that  he  or  she  is  a  citizen  of  the  United  States,  and 
upon  payment  to  the  receiver  of  the  additional  sum  of  one  dollar  per  acre 
for  said  land,  a  patent  shall  issue  therefor  to  the  applicant  or  his  assigns;  but 
no  person  or  association  of  persons  shall  hold,  by  assignment  or  otherwise  prior 
to  the  issue  of  patent,  more  than  three  hundred  and  twenty  acres  of  such  arid 
or  desert  lands;  but  this  section  shall  not  apply  to  entries  made  or  initiated 
prior  to  the  approval  of  this  act :  Provided,  however,  That  additional  proofs 
may  be  required  at  any  time  within  the  period  prescribed  by  law,  and  that  the 
claims  or  entries  made  under  this  or  any  preceding  act  shall  be  subject  to  con- 
test, as  provided  by  the  law  relating  to  homestead  cases,  for  illegal  inception, 
abandonment,  or  failure  to  comply  with  the  requirements  of  law,  and  upon  sat- 
isfactory proof  thereof  shall  be  canceled,  and  the  lands  and  moneys  paid  there- 
for shall  be  forfeited  to  the  United  States. 

SEC.  8.  That  the  provisions  of  the  act  to  which  this  is  an  amendment,  and  the 
amendments  thereto,  shall  apply  to  and  be  in  force  in  the  State  of  Colorado,  as 
well  as  the  States  named  in  the  original  act;  and  no  person  shall  be  entitled  to 
make  entry  of  desert  land  except  he  be  a  resident  citizen  of  the  State  or  Terri- 
tory in  which  the  land  sought  to  be  entered  is  located. 

******* 

Approved,  March  3,  1891  (2(>  Stat.,  1095). 


Section  2294,  United  States  Revised  Statutes,  as  Amended  by  Act  of  March  4,  1904  (33  Stat.,  59) 

SEC,  2294.  That  hereafter  all  proofs,  affidavits,  and  oaths  of  any 
kind  whatsoever  required  to  be  made  by  applicants  and  entrynien 
under  the  homestead,  preemption,  timber-culture,  desert-land,  and 
timber  and  stone  acts,  may,  in  addition  to  those  now  authorized  to 
take  such  affidavits,  proofs,  and  oaths,  be  made  before  any  United 
States  commissioner  or  commissioner  of  the  court  exercising  federal 
jurisdiction  in  the  Territory  or  before  the  judge  or  clerk  of  any 
court  of  record  in  the  county,  parish,  or  land  district  in  which  the 
lands  are  situated:  Provided,  That  in  case  the  affidavits,  proofs,  and 
oaths  hereinbefore  mentioned  be  taken  out  of  the  county  in  which 
the  land  is  located  the  applicant  must  show  by  affidavit,  satisfactory 
to  the  Commissioner  of  the  General  Land  Office,  that  it  was  taken 
before  the  nearest  or  most  accessible  officer  qualified  to  take  said 
affidavits,  proofs,  and  oaths  in  the  land  districts  in  which  the  lands 
applied  for  are  located;  but  such  showing  by  affidavit  need  not  be 
made  in  making  final  proof  if  the  proof  be  taken  in  the  town  or 
city  where  the  newspaper  is  published  in  which  the  final  proof  notice 
is  printed.  The  proof,  affidavit,  and  oath,  when  so  made  and  duly 
subscribed,  or  which  may  have  heretofore  been  so  made  and  duly 
subscribed,  shall  have  the  same  force  and  effect  as  if  made  before  the 
register  and  receiver,  when  transmitted  to  them  with  the  fees  and 


ENTRIES  AND  PROOF   UNDER  THE  DESERT-LAND  LAWS.  21 

commissions  allowed  and  required  by  law.  That  if  any  witness 
making  such  proof,  or  any  applicant  making  such  affidavit  or  oath, 
shall  knowingly,  willfully,  or  corruptly  swear  falsely  to  any  material 
matter  contained  in  said  proofs,  affidavits,  or  oaths  he  shall  be 
deemed  guity  of  perjury,  and  shall  be  liable  to  the  same  pains  and 
penalties  as  if  he  had  sworn  falsely  before  the  register.  That  the 
fees  for  entries  and  for  final  proofs,  when  made  before  any  other 
officer  than  the  register  and  receiver,  shall  be  as  follows : 

"  For  each  affidavit,  twenty-five  cents. 

"  For  each  deposition  of  claimant  or  witness,  when  not  prepared  by 
the  officer,  twenty-five  cents. 

"  For  each  deposition  of  claimant  or  witness,  prepared  by  the  officer, 
one  dollar. 

"Any  officer  demanding  or  receiving  a  greater  sum  for  such  service 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  pun- 
ished for  each  offense  by  a  fine  not  exceeding  one  hundred  dollars." 


An  Act  Providing1  for  the  Subdivision  of  Lands  Entered  Under  the  Reclamation  Act,  and 

for  Other  Purposes. 


SEC.  5.  That  where  any  bona  fide  desert-land  entry  has  been  or 
may  be  embraced  within  the  exterior  limits  of  any  land  withdrawal 
or  irrigation  project  under  the  act  entitled  "An  act  appropriating  the 
receipts  from  the  sale  and  disposal  of  public  lands  in  certain  States 
and  Territories  to  the  construction  of  irrigation  works  for  the  recla- 
mation of  arid  lands,"  approved  June  seventeenth,  nineteen  hundred 
and  two,  and  the  desert-land  entryman  has  been  or  may  be  directly 
or  indirectly  hindered,  delayed,  or  prevented  from  making  improve- 
ments or  from  reclaiming  the  land  embraced  in  any  such  entry  by 
reason  of  such  land  withdrawal  or  irrigation  project,  the  time  during 
which  the  desert-land  entryman  has  been  or  may  be  so  hindered,  de- 
layed, or  prevented  from  complying  with  the  desert-land  law  shall 
not  be  computed  in  determining  the  time  within  which  such  entryman 
has  been  or  may  be  required  to  make  improvements  or  reclaim  the  land 
embraced  within  any  such  desert-land  entry:  Provided,  That  if  after 
investigation  the  irrigation  project  has  been  or  may  be  abandoned  by 
the  Government,  time  for  compliance  with  the  desert-land  law  by 
any  such  entryman  shall  begin  to  run  from  the  date  of  notice  of  such 
abandonment  of  the  project  and  the  restoration  to  the  public  domain 
of  the  lands  withdrawn  in  connection  therewith,  and  credit  shall  be 
allowed  for  all  expenditures  and  improvements  heretofore  made  on 
any  such  desert-land  entry  of  which  proof  has  been  filed :  but  if  the 
reclamation  project  is  carried  to  completion  so  as  to  make  available  a 
water  supply  for  the  land  embraced  in  any  such  desert-land  entry, 
the  entryman  shall  thereupon  comply  with  all  the  provisions  of  the 
aforesaid  act  of  June  seventeenth,  nineteen  hundred  and  two.  and 
shall  relinquish  all  land  embraced  within  his  desert-land  entry  in 
excess  of  one  hundred  and  sixty  acres,  and  as  to  such  one  hundred 
and  sixty  acres  retained,  he  shall  be  entitled  to  make  final  proof  and 


22  ENTRIES  AND  PROOF   UNDER   THE  DESERT-LAND  LAWS. 

obtain  patent  upon  compliance  with  the  terms  of  payment  prescribed 
in  said  act  of  June  seventeenth,  nineteen  hundred  and  two,  and  not 
otherwise.  But  nothing  herein  contained  shall  be  held  to  require  a 
desert-land  entryman  Avho  owns  a  water  right  and  reclaims  the  land 
embraced  in  his  entry  to  accept  the  conditions  of  said  reclamation  act. 
Approved,  June  27,  190C  (34  Stat,  520). 


An  Act  Providing  for  Second  Desert-Land  Entries. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  /States  of  America  in  Congress  assembled,  That  any  person 
who  prior  to  the  passage  of  this  act  has  made  entry  under  the  desert- 
land  laws,  but  from  any  cause  has  lost,  forfeited,  or  abandoned  the 
same,  shall  be  entitled  to  the  benefits  of  the  desert-land  law  as  though 
such  former  entry  had  not  been  made,  and  any  person  applying  for  a 
second  desert-land  entry  under  this  act  shall  furnish  the  description 
and  date  of  his  former  entry:  Provided,  That  the  provisions  of  this 
act  shall  not  apply  to  any  person  whose  former  entry  was  assigned  in 
whole  or  in  part  or  canceled  for  fraud,  or  who  relinquished  the  former 
entry  for  a  valuable  consideration. 

Approved,  March  26,  1908  (35  Stat.,  48). 


An  Act  Limiting  and  Restricting  the  Right  of  Entry  and  Assignment  Under  the  Desert- 
Land  Law  and  Authorizing  an  Extension  of  Time  within  which  to  Make  Final  Proof. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  cf  America  in  Congress  assembled,  That  from  and  after 
the  passage  of  this  act  the  right  to  make  entry  of  desert  lands  under 
the  provisions  of  the  act  approved  March  third,  eighteen  hundred  and 
seventy-seven,  entitled  i;An  act  to  provide  for  the  sale  of  desert  lands 
in  certain  States  and  Territories,"  as  amended  by  the  act  approved 
March  third,  eighteen  hundred  and  ninety-one,  entitled  "'An  act  to 
repeal  timber-culture  laws,  and  for  other  purposes,"  shall  be  re- 
stricted to  surveyed  public  lands  of  the  character  contemplated  by 
said  acts,  and  no  such  entries  of  unsurveyed  lands  shall  be  allowed  or 
made  of  record:  Provided,  however.  That  any  individual  qualified  to 
make  entry  of  desert  lands  under  said  acts  who  has.  prior  to  survey, 
taken  possession  of  a  tract  of  unsurveyed  desert  land  not  exceeding 
in  area  three  hundred  and  twenty  acres  in  compact  form,  and  has  re- 
claimed or  has  in  good  faith  commenced  the  work  of  reclaiming  the 
same,  shall  have  the  preference  right  to  make  entry  of  such  tract 
under  said  acts,  in  conformity  with  the  public  land  surveys,  within 
ninety  days  after  the  filing  of  the  approved  plat  of  survey  in  the 
district  land  office. 

SEC.  2.  That  from  and  after  the  date  of  the  passage  of  this  act  no 
assignment  of  an  entry  made  under  said  acts  shall  be  allowed  or  rec- 
ognized, except  it  be  to  an  individual  who  is  shown  to  be  qualified 
to  make  entry  under  said  acts  of  the  land  covered  by  the  assigned 
entry,  and  such  assigments  may  include  all  or  part  of  an  entry;  but 
no  assignment  to  or  for  the  benefit  of  any  corporation  or  association 
shall  be  authorized  or  recognized. 

SEC'.  3.  That  any  entryman  under  the  above  acts  who  shall  show 
to  the  satisfaction*  of  the  Commissioner  of  the  General  Land  Office 


ENTRIES  AND  PROOF   UNDER  THE  DESERT-LAND  LAWS.  23 

that  he  has  in  good  faith  complied  with  the  terms,  requirements,  and 
provisions  of  said  acts,  but  that  because  of  some  unavaidable  delay  in 
the  construction  of  the  irrigating  works,  intended  to  convey  water  to 
the  said  lands,  he  is,  without  fault  on  his  part,  unable  to  make  proof 
of  the  reclamation  and  cultivation  of  said  land,  as  required  by  said 
acts,  shall,  upon  filing  his  corroborated  affidavit  with  the  land  office 
in  which  said  land  is  located,  setting  forth  said  facts,  be  allowed  an 
additional  period  of  not  to  exceed  three  years,  within  the  discretion 
of  the  Commissioner  of  the  General  Land  Office,  within  which  to 
furnish  proof,  as  required  by  said  acts,  of  the  completion  of  said 
work. 
Approved,  March  28,  1908  (35  Stat.,  52). 


An  Act  for  the  Protection  of  the  Surface  Rights  of  Entrymen. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  any  person 
who  has  in  good  faith  located,  selected,  or  entered  under  the  non- 
mineral  land  laws  of  the  United  States  any  lands  which  subsequently 
are  classified,  claimed,  or  reported  as  being  valuable  for  coal,  may,  if 
he  shall  so  elect,  and  upon  making  satisfactory  proof  of  compliance 
with  the  laws  under  which  such  lands  are  claimed,  receive  a  patent 
therefor,  which  shall  contain  a  reservation  to  the  United  States  of 
all  coal  in  said  lands,  and  the  right  to  prospect  for,  mine,  and  remove 
the  same.  The  coal  deposits  in  such  lands  shall  be  subject  to  disposal 
by  the  United  States  in  accordance  with  the  provisions  of  the  coal- 
land  laws  in  force  at  the  time  of  such  disposal,  but  no  person  shall 
enter  upon  said  lands  to  prospect  for,  or  mine  and  remove  coal  there- 
from, without  previous  consent  of  the  owner  under  such  patent,  ex- 
cept upon  such  conditions  as  to  security  for  and  payment  of  all  dam- 
ages to  such  owner  caused  thereby  as  may  be  determined  by  a  court 
of  competent  jurisdiction:  Provided,  That  the  owner  under  such 
patent  shall  have  the  right  to  mine  coal  for  use  on  the  land  for 
domestic  purposes  prior  to  the  disposal  by  the  United  States  of  the 
coal  deposit:  Provided  further,  That  nothing  herein  contained  shall 
be  held  to  affect  or  abridge  the  right  of  any  locator,  selector,  or  entry- 
man  to  a  hearing  for  the  purpose  of  determining  the  character  of  the 
land  located,  selected,  or  e.ntered  by  him.  Such  locator,  selector  or 
entryman  who  has  heretofore  made  or  shall  hereafter  make  final 
proof  showing  good  faith  and  satisfactory  compliance  with  the  law 
under  which  his  land  is  claimed  shall  be -entitled  to  a  patent  without 
reservation  unless  at  the  time  of  such  final  proof  and  entry  it  shall  be 
shown  that  the  land  is  chiefly  valuable  for  coal. 

Approved,  March  3.  1909  (35  Stat.,  844). 


An  Act  to  Provide  for  Agricultural  Entries  on  Coal  Lands. 

Be  it  enacted  by  the  Senate  and  House  of  Representative*  of  the 
United  States  of  America  in  Congress  assembled.  That  from  and  after 
the  passage  of  this  act  unreserved  public,  lands  of  the  United  States, 


24  ENTRIES  AND  PROOF   UNDER   THE  DESERT-LAND  LAWS. 

exclusive  of  Alaska,  which  have  been  withdrawn  or  classified  as  coal 
lands,  or  are  valuable  for  coal,  shall  be  subject  to  appropriate  entry 
under  the  homestead  laws  by  actual  settlers  only,  the  desert-land  law, 
to  selection  under  section  four  of  the  act  approved  August  eighteenth, 
eighteen  hundred  and  ninety-four,  known  as  the  Carey  Act,  and  to 
withdrawal  under  the  act  approved  June  seventeenth,  nineteen  hun- 
dred and  two,  known  as  the  Reclamation  Act,  whenever  such  entry, 
selection,  or  withdrawal  shall  be  made  with  a  view  of  obtaining  or 
passing  title,  with  a  reservation  to  the  United  States  of  the  coal  in 
such  lands  and  of  the  right  to  prospect  for,  mine,  and  remoye  the 
same.  But  no  desert  entry  made  under  the  provisions  of  this  act 
shall  contain  more  than  one  hundred  and  sixty  acres,  and  all  home- 
stead entries  made  hereunder  shall  be  subject  to  the  conditions,  as  to 
residence  and  cultivation,  of  entries  under  the  act  approved  February 
nineteenth,  nineteen  hundred  and  nine,  entitled  "An  act  to  provide 
for  an  enlarged  homestead :  "  Provided,  That  those  who  have  ini- 
tiated non-mineral  entries,  selections,  or  locations  in  good  faith, 
prior  to  the  passage  of  this  act,  on  lands  withdrawn  or  classified  as 
coal  lands  may  perfect  the  same  under  the  provisions  of  the  laws 
under  which  said  entries  were  made,  but  shall  receive  the  limited 
patent  provided  for  in  this  act. 

SEC.  2.  That  any  person  desiring  to  make  entry  under  the  home- 
stead laws  or  the  desert-land  law.  any  State  desiring  to  make  selec- 
tion under  section  four  of  the  act  of  August  eighteenth,  eighteen  hun- 
dred and  ninety-four,  known  as  the  Carey  Act,  and  the  Secretary  of 
the  Interior  in  withdrawing  under  the  reclamation  act  lands  classified 
as  coal  lands,  or  valuable  for  coal,  with  a  view  of  securing  or  passing 
title  to  the  same  in  accordance  with  the  provisions  of  said  acts,  shall 
slate  in  the  application  for  entry,  selection,  or  notice  of  withdrawal 
that  the  same  is  made  in  accordance  with  and  subject  to  the  provi- 
sions and  reservations  of  this  act. 

SEC.  3.  That  upon  satisfactory  proof  of  full  compliance  with  the 
provisions  of  the  laws  under  which  entry  is  made,  and  of  this  act,  the 
entryman  shall  be  entitled  to  a  patent  to  the  land  entered  by  him, 
which  patent  shall  contain  a  reservation  to  the  United  States  of  all 
the  coal  in  the  lands  so  patented.,  together  with  the  right  to  prospect 
for.  mine,  and  remove  the  same.  The  .coal  deposits  in  such  lands 
shall  be  subject  to  disposal  by  the  United  States  in  accordance  with 
the  provisions  of  the  coal-land  laws  in  force  at  the  time  of  such  dis- 
posal. Any  person  qualified  to  acquire  coal  deposits  or  the  right  to 
mine  and  remove  the  coal  under  the  laws  of  the  United  States  shall 
have  the  right,  at  all  times,  to  enter  upon  the  lands  selected,  entered, 
or  patented,  as  provided  by  this  act,  for  the  purpose  of  prospecting 
for  coal  thereon  upon  the  approval  by  the  Secretary  of  the  Interior 
of  a  bond  or  undertaking  to  be  filed  with  him  as  security  for  the 
payment  of  all  damages  to  the  crops  and  improvements  on  such  lands 
by  reason  of  such  prospecting.  Any  person  who  has  acquired  from 
the  United  States  the  coal  deposits  in  any  such  land,  or  the  right  to 
mine  or  remove  the  same,  may  reenter  and  occupy  so  much  of  the  sur- 
face thereof  as  may  be  required  for  all  purposes  reasonably  incident 
to  the  mining  and  removal  of  the  coal  therefrom,  and  mine  and 
remove  the  coal,  upon  payment  of  the  damages  caused  thereby  to  the 
owner  thereof,  or  upon  giving  u  good  and  sufaqieut  bond  or  undertak- 


ENTRIES  AND  PROOF   UNDER  /THE  DESERT-LAND  LAWS.  25 

ing  in  an  action  instituted  in  any  competent  court  to  ascertain  and  fix 
said  damages:  Provided,  That  the  owner  under  such  limited  patent 
shall  have  the  right  to  mine  coal  for  use  upon  the  land  for  domestic 
purposes  at  any  time  prior  to  the  disposal  by  the  United  States  of  the 
coal  deposits :  Provided  further,  That  nothing  herein  contained  shall 
be  held  to  deny  or  abridge  the  right  to  present  and  have  prompt  con- 
sideration of  applications  to  locate,  enter,  or  select,  under  the  land 
laws  of  the  United  States,  lands  which  have  been  classified  as  coal 
lands  with  a  view  of  disproving  such  classification  and  securing  a 
patent  without  reservation. 
Approved,  June  22,  1910  (Sess.  Laws,  2d  sess.,  61st  Cong.,  583). 


An  Act  for  the  Belief  of  Assignees  in  Good  Faith  of  Entries  of  Desert  Lands  in  Imperial 

County,  California. 

Be  it  enacted  l>y  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  any  person, 
other  than  a  corporation,  who  has  in  good  faith  heretofore  acquired 
by  assignment  a  desert-land  entry,  which  entry  is  regular  upon  its 
face,  in  the  belief  that  he  was  obtaining  a  valid  title  thereto,  which 
assignment  was  accepted  wrhen  filed  at  the  local  land  office  of  the 
United  States  and  recognized  at  the  General  Land  Office  as  a  proper 
transfer  of  such  entry,  shall  be  entitled  to  complete  the  entry  so  ac- 
quired, notwithstanding  any  contest  that  has  been  or  may  be  filed 
against  such  entry,  based  upon  a  charge  of  fraud  of  which  the  as- 
signee had  no  knowledge:  Provided,  however,  That  this  act  shall 
only  apply  to  any  person  who  at  the  time  of  receiving  such  assign- 
ment-was without  notice  of  any  fraud  in  the  entry  assigned  or  in  any 
annual  proof  made  concerning  the  same:  Provided  further,  That 
patent  shall  not  issue  to  any  such  assignee  unless  he  shall  affirmatively 
establish,  by  his  evidence,  under  oath,  good  faith  and  lack  of  notice 
of  fraud,  and  by  the  testimony,  under  oath,  of  himself  and  at  least 
two  witnesses  that  expenditure  in  the  total  amount  and  cultivation 
and  reclamation  to  the  full  extent  required  by  law  have  been  actually 
made  and  accomplished :  And  provided  further,  That  nothing  herein 
contained  shall  be  construed  to  waive  or  avoid  liability  for  any 
fraud  or  violation  of  the  law  on  the  part  of  the  person  committing 
the  same. 

SEC.  2.  That  where  a  person  having  made  entry  under  the  desert- 
land  law  was  thereafter  permitted  by  the  Land  Department  to  hold 
another  entry  or  entries  by  assignment,  or  where  a  person  having 
previously  perfected  title  under  assignment  of  a  desert-land  entry,  or 
having  held  land  under  assignment  to  the  amount  of  three  hundred 
and  twenty  acres  or  more  at  different  times,  was  thereafter  permitted 
by  the  Land  Department  to  make  an  entry  in  his  own  right,  or  to  hold 
other  lands  under  assignment,  such  persons,  or  their  lawful  assignees, 
shall  be,  upon  showing  full  compliance  with  all  requirements  of  exist- 
ing law  as  to  expenditure,  reclamation,  and  cultivation,  permitted  to 
complete  title  to  the  land  now  held  by  them,  notwithstanding  any 
contest  that  may  have  been  or  may  hereafter  be  filed  against  the  entry 
based  upon  the  charge  that  the  present  claimant  has  exhausted  his 


26  ENTRIES   AND   PROOF    UNDER    THE  DESERT-LAND  LAWS. 

right  under  the  desert-land  law  by  reason  of  having  previously  made 
an  entry  or  held  land  under  an  assignment  as  above  detailed:  Pro- 
vided, however,  That  this  section  shall  not  be  applicable  to  entries 
made  or  taken  by  assignment  subsequently  to  November  thirtieth, 
nineteen  hundred  and  eight:  Provided  further,  That  no  person  shall 
be  entitled  to  the  benefits  of  either  the  first  or  second  section  of  this 
act  who  has  heretofore  acquired  title  to  three  hundred  and  twenty 
acres  of  land  under  the  desert-land  laws;  nor  shall  this  act  be  con- 
strued to  modify  in  any  manner  the  provisions  of  the  act  of  August 
thirtieth,  eighteen  hundred  and  ninety  (Twenty-sixth  Statutes,  three 
hundred  and  ninety-one),  and  the  seventeenth  section  of  the  act  of 
March  third,  eighteen  hundred  and  ninety-one  (Twenty-sixth  Stat- 
utes, ten  hundred  and  ninety-five),  restricting  the  quantity  of  lands 
that  may  be  acquired  under  the  agricultural-land  laws. 

SEC.  3.  The  provisions  of  this  act  shall  apply  to  Imperial  County, 
California,  only. 

Approved  June  25,  1910  (Sess.  Law.  2d  sess.,  Gist  Cong.,  8G7). 

o 


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